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New NSA limits: What they mean

President's ruling covers Americans' phone records

Associated Press
| on January 17, 2014

Photo: Carolyn Kaster

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After delivering a speech about the National Security Agency (NSA) surveillance, President Barack Obama takes a microphone to speak in a overflow area at the Justice Department in Washington, Friday, Jan. 17, 2014. The president called for ending the government's control of phone data from millions of Americans. (AP Photo/Carolyn Kaster) ORG XMIT: DCCK107 less

After delivering a speech about the National Security Agency (NSA) surveillance, President Barack Obama takes a microphone to speak in a overflow area at the Justice Department in Washington, Friday, Jan. 17, ... more

Photo: Carolyn Kaster

New NSA limits: What they mean

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Washington

President Barack Obama is putting limits on the harvesting of Americans' phone records and seeking revisions to a program that sweeps up email and Internet data around the world, seven months after former National Security Agency analyst Edward Snowden began divulging the secret spying.

Here are some questions and answers about Obama's plan:

Q: Why did Obama decide to make changes?

A: The president has been under pressure since Snowden took an estimated 1.7 million documents from the NSA and gave them to journalists around the world. The U.S. public, Congress and allies overseas were shocked to learn the extent of the NSA's post-9/11 surveillance. Soon after Snowden's disclosure in June, Obama promised to review the system that has changed rapidly as technology improved.

On Friday, Obama defended the work of the U.S. spying apparatus as necessary to protect Americans and international allies. He left the programs mostly intact, but added restrictions.

Q: Do the changes happen right away?

A: No. Some involve altering the USA Patriot Act, and that requires Congress to draft, debate and pass legislation. Other changes won't be carried out until the administration resolves big logistics questions. In some cases, Obama ordered the Justice Department and spy agencies to figure out how to implement new privacy protections, which will take time.

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Q: Will the government get out of my phone records?

A: For now, the NSA will keep collecting and storing call data.

The program gathers the phone numbers called and the length of conversations, but not the content of the calls. Obama says the NSA needs to tap those records sometimes to find people linked to suspected terrorists.

But eventually he wants the bulk data to be stored somewhere out of the government's hands, to reduce the risk that the information will be abused.

Q: So where will my records go?

That's not yet decided. Obama told Attorney General Eric Holder and Director of National Intelligence James Clapper to find a solution within 60 days, about the time the NSA surveillance programs are up for their quarterly reauthorization by a secret national security court. That could mean arranging for phone companies to store the records, although the companies already are balking at that. The government could create a new third-party entity to hold the records, or come up with some other plan.

In the meantime, Obama ordered two immediate changes:

Analysts hunting through data will have to stay a little closer to the original suspected terrorist or organization. They will be able to look at communications two steps away, instead of three.

The administration will require a special judge's advance approval before intelligence agencies can examine someone's data. The NSA has been able to decide for itself whether it has reasonable cause to run a query.

Q: What about the NSA reading my email or watching my online activities?

A: The bulk collection of online data is supposed to target only people outside the United States, as part of national security investigations. But it does end up sweeping up information about some Americans in the process. Obama asked Holder and Clapper to consider whether new privacy safeguards could be added.

Q: What about spying on world leaders?

A: In response to international criticism, Obama is making assurances that the U.S. won't spy on its allies' heads of state. But the White House declined to say which world leaders are on that "friends" list.

Obama noted that other countries, including some who have complained about the NSA, constantly try to snoop on the U.S. government's phone calls and email. He says there are compelling national security reasons for snooping on foreign governments and the U.S. won't apologize for being better at it.

Q: What else did Obama do?

A: Obama called for creation of a panel of advocates to represent privacy and civil liberty concerns before the Foreign Intelligence Surveillance Court that oversees the spy programs. The advocates would argue before the court only in certain significant cases, such as those dealing with a new issue. Congress would have to vote to make this happen, however.

Obama also is asking a senior White House adviser, John Podesta, to lead a broad review of the use of "big data," with input from technology companies and privacy experts.

Other changes include a plan to reveal a little more information about the secret national security letters that the government issues to banks, phone companies and others to demand information about certain customers.

Sen. Rand Paul, R-Ky., called it "the same unconstitutional program with a new configuration." Rep. Justin Amash, R-Mich., said Congress "must do what the president apparently will not" and take action to "close the era of secret law."

Several Democratic critics of the NSA said more must be done but applauded Obama's first step.

Sen. Mark Udall, D-Colo., said: "I tip my hat to him. This is the beginning of the mission, but he clearly listened."